A nonpayment case is brought by the landlord to collect unpaid rent. A tenant may be evicted for non-payment of rent. (The demand for rent.) Before you can sue the tenant, you must demand the overdue rent from the tenant and warn the tenant that if the rent is not paid, the tenant may be evicted. You may tell the tenant personally or make your demand in writing. However, if the Lease requires the warning be in writing, you must make your demand in writing.
There is a Blumberg legal form, which you can buy at a legal stationary store, number B119, which you can use to make your rent demand. The warning must be delivered at least three (3) days before you can utilize court papers to start your case.
Delivery of Court Papers.
If the tenant does not pay the rent after the demand is made, the landlord may file a nonpayment petition (sometimes called a “dispossess”) against the tenant in Housing Court. First, you will need to obtain the following Blumberg legal forms at a legal stationary store:
- T206D (Petition)
- T207D (Notice of Petition)
- T206DC (Service copies)
- T216 (postcard). Fill out the forms and make photocopies. Bring the forms to the Landlord-Tenant Clerk’s Office to the cashier’s window where you will buy an index number for $45.00. You can pay by cash, certified check or money order. If you do not pay by cash, make the money order or certified check payable to the Clerk of the Civil Court.
The clerk will stamp the index number on your original forms and will keep the Petition (T206D). The clerk will give you back the Notice of Petition (T207D) with the index number stamped on the front.
After you buy the index number, you must make sure the tenant receives a copy of the Notice of Petition (T207D) and the Petition (T206D)
The copies of the original T207D and T206D must be served upon the tenant properly. (See How Are Legal Papers Served? on page 7). Make sure you either write in the index number on your photocopies or make photocopies of the forms after they have been stamped.
You must bring back the original Notice of Petition (T207D) with the notarized affidavit of service on the back filled out by a process server or friend. In addition, you will need to bring the stamped postcard so that the court can mail it to the tenant. After the tenant answers, you will receive a postcard from the court stating the date, time, and place of your court hearing. If the tenant does not answer, and the rent is still not paid, you can apply for a default judgement.